User Terms and Conditions

General provisions

These Terms of Service (hereinafter referred to as the “the Offer”, “the Agreement”) are a public offer for the conclusion of an Agreement between the Service Provider (hereinafter referred to as Workability AS) and any individual, individual entrepreneur or legal entity (hereinafter referred to as “the User”), and which, together with the Privacy Policy regulates the procedure for providing services for the use of the Service to the User as defined in this Agreement. 

The subject matter of this Agreement shall be the provision by Workability AS of access and services for using the Service, which provides tools and services for the administration and optimization of a set of HR processes regarding employee engagement, leadership practice, workplace communication and sick-leave management, subject to all restrictions and conditions of Service use in accordance with functionality and terms and conditions of this Agreement.

By accepting all the following terms and clicking “I consent to the processing and use my Personal Data in accordance with the Privacy Policy and accept Terms of Service the site functionality when applying or paying through the site, the Client becomes a person who has accepted the terms of this offer (Accepted the Offer), which is equivalent to concluding a contract under the terms specified in this Agreement (offer). If a person intending to use the Service does not accept any conditions specified herein, he/she shall not have the right to use the Service provided hereunder.

By registering to use the Service, the User agrees to comply with terms of this Agreement. The User as well as a User shall be responsible for the actions done on the Services that violates this Agreement.

1. Service usage terms. Security and Access

1.1. Only registered Users have the right to use the Service. In order to access the Service, persons shall accept the Offer, adopt the Privacy Policy, provide their full name, valid email address and other information requested by Workability AS.

1.2. For registration purposes User should provide accurate information regarding its identity. Identity information should be up to date as possible. When registering User will be asked to provide a name of the Company in Latin, this information later will be used to indicate the workspace where User operates. If User provides incorrect information or Workability AS has reasons to believe that information provided by the User is incomplete or false, Workability AS, reserves the right to suspend access to service or block the account till further investigations.

1.3. Workability AS reserves the right to request information from the User at any point of time for confirmation of its identity or confirmation its information provided during registration process.
Inability to comply with request will lead to suspending of the account till further investigations.
Providing false information would be considered as violation of Service terms.

1.4. The User can use the website and services in any way that is specified in the Terms and that does not cause any damage to the Service Provider.
The User is allowed to use Service under the following conditions:

• Use services provided by Workability AS.

• Free of charge content acquisition.

• Use of the Services that will not have an impact on other people experience of website usage.

• The User is obligated not to disable or interfere with any security features of the Services.

• You can use Services for the direct purpose of it.

• The User are prohibited from use of any personal or identifiable information in harmful, commercial, or advertising ways.

• Use for establishing contractual relationships.

• You are not allowed to use website in any ways which may lead to law violations.

1.5. Workability AS provide technical aspects of security regarding the User’s data, such as hashing passwords and encryption of data. Workability AS is not responsible for non technical security aspects of the User’s data, thus responsibility for weak passwords or disclosing the passwords would be solely on the User.

1.6. In case of Service termination, Workability AS shall contact the User only to delete the relevant account data and provide the possibility of unloading the Content.

1.7. Workability AS shall provide access to the Service only using the web-interface in compliance with the provisions of this Agreement.

1.8. Workability AS shall use secure methods of authentications and access to service.
In particular, by:

• Encrypted data at rest

• Transfer data in encrypted form

• Hashing User’s passwords
  * This list does not exhaust the above methods and tools of data security

1.9. The User shall be responsible for protecting usernames/emails with passwords and all the other codes related to the Service, when using the Service, as well as Content compliance with law requirements.

1.10. The User shall comply with policies and procedures for preventing unauthorized use of usernames and passwords and immediately inform Workability AS of suspicion of passwords loss or their unauthorized use by third parties.

1.11. Workability AS will contact the User and User on behalf of suspicious activity or events that might led to unauthorized access or disclosure or information.

1.12. In case of security and authentication procedure violation, as well as access to the Service, Workability AS shall cooperate with the User and Client in order to establish the cause thereof and identify the changed Content, as well as assist the Client and User in investigating and preventing repeated violations.

1.13. Workability AS shall take measures to protect the Content and its safe preservation, taking into account technological development and the cost of implementing given measures

2. General provisions. Copyrights

2.1. The Service is the object of copyright and intellectual rights, which are regulated and protected by Norwegian legislation and provisions of international law on intellectual property and copyright protection. Workability AS guarantees that it has all the necessary rights under this Agreement to provide services for the use of the Service to the User, including documentation for the Service.

2.2. The algorithms of the Service and its source codes (including parts thereof) shall be a trade secret. Any use by the User thereof or use of the Service in violation of the terms of this Agreement shall be considered as violation of Workability AS rights and shall be a sufficient basis for repudiation of this Agreement and termination of service provision to the User hereunder.

2.3. The User shall have no right to copy, modify, resell, or otherwise reproduce or alienate the Service. The Users shall not use access to the Service or any part thereof, except for the User’s own (internal) activities, which includes: economic, production, organizational, economic and internal economic activities of the User himself.

2.4. The Users shall ensure their compliance with provisions of this Agreement. The User shall be responsible for the actions/omissions during the use of the Service, including for disclosure/removal of the Content and disclosure/distribution of Confidential Information.

2.5. Workability AS shall not review or verify the Content posted by the User, nor acquire any rights, including intellectual property rights, to User’s Content.

2.6. This Agreement shall not give the Users any right to use any trademarks, logos, domain names and other objects of exclusive rights used by Workability AS when providing services for the use of the Service. User shall use the Service in the way that prevents the dissemination of inaccurate information and which may cause a misconception about the owner of the Service or services and products provided by Workability AS through the website located at: https://workability.no/.

2.7. The User shall be solely responsible for its Content and its components. All copyright and intellectual rights to the Content shall belong to the User.  

2.8. The User shall have no right to download, publish, transmit, store, distribute through the Service (or directly to the Service) viruses, self-reproducing computer programs and programs containing any destructive codes, viruses or other malicious software, information about the propaganda of violence, fascism, extremism, terrorism, data that promote pornography, child erotica, advertising of intimate services, any other information or data, the content of which contradicts current legislation of Norway and/or in whole or in part, is protected by copyright, related or other rights without the permission of the owner.

2.9. Workability AS shall not control the content of information stored, published or distributed, transmitted by the User through the Service and shall not be responsible for its accuracy, quality and content. Workability AS shall not review or verify the Content posted by the User, except in cases of receipt of reasonable complaints from third parties about violations by the User of rights and legitimate interests, in connection with the placement by the User of the relevant content in the Service. 

2.10. Workability AS shall reserve the right at any time, at its sole discretion, to take any action it deems necessary in relation to the Content violating the terms of this Agreement and requirements of Norwegian law, including its removal. Workability AS shall reserve the right to immediately suspend the provision of services, and in case of violation by the User of paragraph 2.8., refuse further provision of services.

2.11. Workability AS shall reserve the right at any time to add, modify or terminate, temporarily or completely any functionality of the Service, with or without notice to the User.

2.12. Workability AS shall reserve the right to temporarily suspend access to the Service for the purpose of servicing, repairing or installing updates. Workability AS shall have the right to temporarily suspend access to the Service in conditions requiring urgent actions to protect the Service. Workability AS shall provide all reasonable means and methods to minimize operational suspension of the Service.

2.13. The User agree to the Service Provider to collect/process/use information and statistics on the use of the Product by the User, including, but not limited to: various marketing data; usability data of the Product; data of heat cards of the Product; statistical data of authorized entries and exits from the Product, duration of sessions, etc.; geolocation data of the Users, specialization of the User’s activity, other data and information that may improve the work and functionality of the Product.

3. Cost, payment, change of the right of access and use of the Service

3.1. The User shall not pay a subscription fee for the services for using the Service.

3.2. Payment for the Services usage shall be made by the Client.

4. Term of the Agreement and termination of services for the use of the Service

4.1. This Agreement shall enter into force upon acceptance of this Offer by the User and be valid until the Service usage is terminated at the end of the relevant period determined in a Client’s Agreement or on other grounds provided for by the Agreement.

4.2. In case of violation by the User of terms herein, Workability AS shall have the right to unilaterally terminate this Agreement by notifying the User one business day prior to stipulated date of given termination.

4.3. If the User intends to terminate Service usage or cancel the account, the User shall have the opportunity to do so on his/her behalf at any time, using the appropriate functionality of the Service. Termination of Service usage or cancellation of account otherwise shall not be not allowed. Paid according to tariff and not used funds in this case shall not be returned.

4.4. The User shall remove all own Content from the Service prior to termination of this Agreement. Workability AS shall remove or destroy all Content stored in the Service 7 (seven) calendar days after termination of the Agreement or termination of Service usage. Workability AS shall notify Users of the removal of their Content after termination of the Agreement or Service usage. Workability AS shall not be liable to the Users for the removal of the Content in accordance with this Agreement.

4.5. In case of termination of the Service for any reason, the User shall have 7 (seven) days to transfer the Content to another place before its removal.

5. Rights and obligations of the Parties

5.1. Rights and obligations of the User:

5.1.1. The User shall strictly comply with all requirements of this Agreement, instructions and recommendations regarding the Service operation, including those sent using the Service functionality.

5.1.2. The User shall not download, publish, transmit, store, distribute through the Service (or directly to the Service) viruses, self-reproducing computer programs and programs containing any destructive codes, viruses or other malicious software.

5.1.3. The User shall not independently carry out nor allow other persons the following:

• provide access to the Service (Service) for hire, rent or temporary use;

• use the Service by broadcasting on Internet sites, both commercially and on a non-commercial basis; 

• modify the Service, its components, design and appearance;

• create conditions for the Service use by persons not having personal access rights nor the right to use the Service, except for Users;

• publish or otherwise distribute any fragments and components of the Service, including providing other persons with opportunity to copy them;

• try to circumvent technical limitations of the Service;

• transfer the rights to use the Service to third parties.

5.1.4. The Client shall reimburse Workability AS the losses that may arise as a result of violation by the its Users of obligations established by this Agreement. Workability AS shall immediately notify the Client of any claim or loss, directly or indirectly relating to violation by the Users of obligations established by this Agreement. The Client undertakes to assist Workability AS in protecting against any claims, lawsuits, complaints received from third parties, if they arose as a result of violation by its Users of obligations established by this Agreement.

5.1.5. The User shall not have the right to change available Service functionalities by changing the tariff, while paying the cost of services at a new tariff.

5.1.6. The User shall have the right to receive the necessary information and consulting responses regarding the Service from Workability AS.

5.2. Rights and obligations of Workability AS:

5.2.1. Workability AS shall provide services within the framework of this Agreement and requirements of Norwegian legislation.

5.2.2. Workability AS shall have the right to refuse the User to provide services or cease providing services for the use of Service to a User who has not provided reliable information about himself/herself and/or violates the terms of this Agreement and/or performs actions containing criminal and/or administrative offenses, as well as in case of other violations of rights and legitimate interests of Workability AS and third parties.

6. Confidential information. Protection of personal data

6.1. Each party agrees to recognize all data containing any information deemed the property and trade secrets of any party to this Agreement, directly or indirectly, in any form disclosed by the parties after this Agreement enters into force, as confidential information and shall not use or disclose it except as necessary for implementation of this Agreement.

6.2. The User, who, within the meaning of the General Data Protection Agreement (hereinafter referred to as the GDPR), acts as the owner of personal data – personal data subjects, as well as Workability AS, shall comply with requirements of GDPR and national legislations on personal data processing.

6.3. By accepting this Agreement, the User guarantees that he/she has every legal basis to collect, register, accumulate, store, adapt, modify, renew, use and distribute (share, transfer), depersonalize, destroy personal data and other information comprising the Content, with the use of the Service.

6.4. The User shall give his/her consent to Workability AS for collection, processing, accumulation, storage and use of his/her personal data (name, mobile phone number and other personal data), as well as their transfer to third parties solely for the purpose and within the framework of ensuring the fulfillment by Workability AS of the duties assigned in accordance with the terms of this Agreement. The User’s personal data shall be processed in accordance with the GDPR. Personal data of Users shall be collected solely for the purpose of fulfilling the terms of this Offer, compliance with provisions in the field of tax relation regulation, relations in the field of accounting.

6.5. Workability AS shall take measures to ensure the safety and non-dissemination of personal data, as well as counteract their unauthorized processing, loss or destruction. Workability AS shall act only on behalf of the Users in relation to personal data processed by Workability AS.

7. Liability and procedure for settlement of disputes

7.1. This Agreement shall be governed by Norwegian legislation and provisions of international law ratified by The Storting.  The breach of the terms of this Agreement provides for liability envisaged by the legislation of Norway.

7.2. All the disputes arising between the Parties shall be resolved through negotiations. If the dispute cannot be resolved through negotiations, it shall be resolved in court under jurisdiction established by current legislation of Norway.

7.3. Workability AS shall not be liable to the Users for any damage, loss of income, profit, information or savings related to the use or inability to use the Service, including in case of prior notification by the Users of possibility of such losses, or on any claim of a third party.

7.4. Workability AS shall be exempted from liability for non-fulfillment or improper implementation of this Agreement if it occurred as a result of external circumstances and/or actions (inaction) of third parties that (circumstances and actions/omissions) were beyond the control and/or without fault of Workability AS.

8. Technical support

8.1. Workability AS shall provide technical support to the Users on issues related to accessibility, availability or any other issues relating to proper operation of the Service.

8.2. In order to provide technical support, Workability AS shall have the right to require the Users to provide information relating to account data, technical characteristics of the equipment.

9. Other terms

9.1. The Service may not be compatible with the User’s computer or other equipment. The Service shall be provided by Workability AS “as is”. Workability AS shall not guarantee any results that the User intended to achieve (receive) using the Service.

9.2. This Agreement represents a complete comprehensive agreement between Workability AS and the User and governs User’s use of the Service, superseding any prior agreements between the Parties (including previous versions of this Agreement).

9.3. Workability AS shall have the right to involve third parties to maintain the proper level of functioning of the Service, remaining, within the framework of this Agreement, responsible to the User for the actions of persons involved.

9.4. Neither Party to this Agreement may transfer (cede) any of its rights or obligations to third parties without prior written consent of the other party, except in cases of merger or reorganization, if the acquirer (newly created legal entity) has agreed to comply with this Agreement.

9.5. Workability AS may provide the possibility of integrating the Service with third-party products of choice and at risk to the User. In this case, Workability AS shall assume no responsibility for the consequences of such integration. Workability AS shall have the right to change or terminate the integration of the Service with other services and products of third-party suppliers without prior notice to the User.

9.6. Unavailability of the Service (in the sense of para 3.9. of this Agreement) means any period of time exceeding 4 hours during which the User cannot access the Service due to a service failure, except for the planned downtime.

9.7. For all matters not regulated by this Agreement, the User and Workability AS shall be guided by current legislation of Norway.

9.8. Workability AS shall have the right to change the terms of this Agreement unilaterally by placing the amended text on the Internet on the Workability AS website. In case of introduction by Workability AS amendments to the terms of this Agreement, they shall enter into force from the moment of publication, unless another period and procedure for entry into force thereof is stipulated upon their publication.